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I am a member of a co-operative society in Calcutta since its inception in 1977 and an owner of a flat there. I could stay in the flat only for a brief period because of certain family circumstances and my postings elsewhere.
I am a senior citizen now and staying in the flat owned by my son and wife. I wish to let out my flat to meet our old-age bills.
Every time I find a tenant, the managing committee thwarts my attempts by delaying the sanction as laid down under Rule 142 of the co-operative law and do not forward the application to DRCS (the District Registrar of Co-operative Society) for approval.
Their motive is to coerce me to dispose of my flat to one of them. But I do not want to sell it for the time being. Can the managing committee force me to do so? Please advise me.
AK Kapoor
You may go and meet the District Registrar of Co-operative Society and inform him of the difficulty. If your application is legal, the managing committee cannot stop you from letting it out.
I have purchased a flat in a big complex in Calcutta. The officials who run the association have made a rule to charge 50 per cent more maintenance (almost Rs 7,200 extra a year) from owners who let out the flat. Can it be done?
Can a non-government body like a building association tax the rental income of the owner?
Indranil Bera
The building association should not do this. You should talk to the members and create opinion against this diktat within the association, which should decide on simple majority.
We have bought a new flat and shifted there in December 2007. The registration is also complete. The promoter has fitted some duplicate and poor-quality fittings. As a result, pipes have sprung leaks.
Please clarify if the promoter has to replace the tap or plug the leak without any charges or we have to bear the charges.
Sutapa Saha, on email
The developer is obliged under law to take care of any problem which may arise within one year of giving possession to the buyer. So the promoter has to replace the tap or fix the leak at his cost.
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